Terms of use

1. Scope

1.1 The use of these internet pages provided by Magog Caskets and/or its subsidiaries (“Magog Caskets”), “Magog Caskets Web Site”, is only allowed on the basis of these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, by starting the use of the Magog Caskets Web Site these Terms of Use are accepted in their then current version.

2. Services

2.1 Magog Caskets offers on the Magog Caskets Web Site specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.

2.2 Magog Caskets may stop the operation of the Magog Caskets Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Magog Caskets cannot accept any liability for the continuous availability of the Magog Caskets Web Site.

3. Registration, Password

3.1 Some pages of the Magog Caskets Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Magog Caskets reserves the right to deny registration to any User. Magog Caskets particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Magog Caskets is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below).

3.2 For registration the User shall give accurate information and, where such information changes over time, shall inform Magog Caskets thereof (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to Magog Caskets, will be current and an address at which the User can be contacted.

3.3 Upon registration the User will be provided with an access code, comprising a User ID and a password (“User Data”). The User Data allows the User to view or change its data or, as the case may be, to withdraw its consent to data processing.

3.4 The User shall ensure that the User Data will not be accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall inform Magog Caskets thereof without undue delay in writing, or, as the case may be, by e-mail.

3.5 After receipt of the notice under paragraph 3.4, Magog Caskets shall deny access to the password-protected area under such User Data. Access will only be possible again upon the User’s application to Magog Caskets or upon new registration.

3.6 The User may at any time demand the deletion of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Magog Caskets will delete all user data and other stored personally identifiable data of the User as soon as these data are not needed anymore.

4. Rights of Use to Information, Software and Documentation

4.1 The use of any information, software and documentation provided on the Magog Caskets Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Magog Caskets. Separately agreed to license terms shall prevail over these Terms of Use.

4.2 Magog Caskets grants the User a non-exclusive and non-transferable right to use the information, the software and documentation made available to the User on the Magog Caskets Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Magog Caskets in making same available.

4.3 Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case Magog Caskets shall make the source code available in return for the payment of costs.

4.4 Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use.

4.5 The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation.

5. Intellectual Property

5.1 Notwithstanding the particular provisions in § 4 of these conditions, information, brand names and other contents of the Magog Caskets Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Magog Caskets.

5.2 Except for the rights of use and other rights expressly granted herein, no other rights shall be granted to the User nor shall any duty be implied to grant rights to, including, but not limited to, the use of company’s name or intellectual property rights such as patents, trademarks or utility models.

6. Duties of the User

6.1 While using the Magog Caskets Web Site the User shall not:

violate any intellectual property right or any other proprietary right;

upload any contents containing a virus, so called Trojan Horse, or any other program that could damage data;

transmit, store or upload hyperlinks or contents to which the User is not entitled to use, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or are illegal; or

distribute advertising or unsolicited e-mails (so-called “spam”) or incorrect warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar action.

6.2 Magog Caskets may deny access to the Magog Caskets Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

7. Hyperlinks

7.1 The Magog Caskets Web Site may contain hyperlinks to the Web pages of third parties. Magog Caskets accepts no liability for the contents of such Web pages and does not make representations about or endorse such Web pages or their contents as its own, as Magog Caskets does not control the information on such Web pages and is not responsible for the contents and information given thereon. The use of such Web pages shall be at the sole risk of the User.

8. Liability for defects of title or quality

8.1 Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud as well as personal injury or death.

8.2 The information may contain general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

9. Other Liability, Viruses

9.1 Any further liability of Magog Caskets is excluded unless required by law. Except in respect of death or personal injury arising from negligence, Magog Caskets and the hosts of this site hereby exclude liability for any claims, losses, demands or damages of any kind whatsoever with respect to any information and/or services provided on our website including but not limited to direct, indirect, incidental or consequential loss or damages, compensatory damages or loss of profits or data whether based on a breach of contract or warranty, delict or tort (including negligence), product liability or otherwise.

9.2 Although Magog Caskets makes every endeavour to keep the Magog Caskets Web Site free from viruses, Magog Caskets cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures.

10. Export Controls

10.1 The export of certain information, software and documentation may, e.g. due to its nature or intended purpose or destination, be subject to authorization. The User shall strictly conform with the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA.

10.2 Upon request Magog Caskets shall inform the User of the relevant contact points for further information.

11. Data Privacy Protection

11.1 For collection, use and processing of personally identifiable data of the User of the Magog Caskets Web Site, Magog Caskets shall comply with applicable laws on data privacy protection and the Magog Caskets Web Site Data Protection Privacy Policy (link), which is available per hyperlink on the Magog Caskets Web Site.

12. Disclaimer

11.1 The Magog Caskets website contains information about products which may or may not be available in any particular country, and if available, have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations, and practices governing the communication of other information about the products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product which is not authorized by the laws and regulations of the state or country where the reader resides.

13. Place of Jurisdiction, Applicable Law

12.1 The Magog Caskets Web Site is operated and administered by companies with business residence in Canada. The service and materials on this website are provided “as is” and Magog Caskets and the hosts of this site expressly disclaims any and all warranties, express or implied, to the extent permitted by law including but not limited to warranties of satisfactory quality, merchantability or fitness for a particular purpose, with respect to the service or any materials. If anything on this website is construed as being contrary to the laws applicable in any other country, then this website is not intended to be accessed by persons from that country and any persons who are subject to such laws shall not be entitled to use our services unless they can satisfy us that such use would be lawful. These Terms of Use shall be governed by and resolved in accordance with the applicable local laws.